How to Divide or Force Sale of Co-Owned Farmland in Missouri | Missouri Partition Actions

Detailed Answer: How partition and forced sale work for co-owned farmland in Missouri

When two or more people co-own farmland in Missouri and they cannot agree on use, division, or sale, any co-owner can ask a Missouri circuit court to force a division or sale through a partition action. Missouri law governing partition actions appears in Chapter 528 of the Revised Statutes of Missouri (RSMo). See the full chapter here: RSMo Chapter 528 — Partition.

This section explains the common steps you can expect, what the court will consider, and practical options you can pursue before and during a partition action.

Who may bring a petition

Generally, any person who owns an undivided interest in real property — for example tenants in common or (after severance) co-owners formerly holding joint tenancy — may file a partition lawsuit. The petition must name all co-owners and other persons with an interest in the property (mortgagees, lienholders, tenants, etc.).

Key steps in Missouri partition actions (typical process)

Try to resolve the dispute first. Court proceedings are costly and slow. Owners commonly negotiate a buyout, divide the land by agreement, or sell the whole parcel and split proceeds. Mediation can be useful.
Title review and document collection. Before filing, gather deeds, mortgage and lien records, leases, conservation or agricultural easements, tax records, and any written agreements among owners. The court will need to know encumbrances and interests affecting the land.
File a petition for partition in the appropriate Missouri circuit court. The petition names the property, the petitioning owner(s), and all other owners and interested parties. It asks the court to divide the land (partition in kind) or, if division is impractical, to order a sale and divide proceeds.
Service and responses. The court serves all named parties. Co-owners may consent, contest, or assert counterclaims (for example, about boundaries, possession, or liens).
Appraisals and commissioners. If the court moves forward, it typically orders an appraisal and often appoints commissioners or a master to evaluate whether a fair physical division (partition in kind) is feasible without materially harming value. If division would impair value or is impractical, the court may order a sale instead.
Partition in kind (division) vs. partition by sale. – Partition in kind splits the property into distinct parcels allocated to owners according to their ownership shares, when such division is practical and fair. – Partition by sale results in a court-ordered sale of the whole property (often at public auction or a court-approved private sale) with the proceeds distributed after paying liens and costs.
Sale procedure and distribution of proceeds. If the court orders sale, it will set terms (auction or private sale subject to court approval). Sale proceeds pay mortgages, liens, court costs, commission fees, and sale expenses in priority order. Remaining net proceeds are distributed to owners according to their ownership shares.
Buyout options during or after judgment. A co-owner may be allowed or required to buy out others’ shares at an appraised value instead of selling the land. Parties can arrange a buyout themselves or seek the court’s approval of terms.
Entry of final order and possible appeals. After division or sale and distribution, the court enters a final judgment. Parties can appeal on limited grounds within the statutory appeal period.

Factors Missouri courts commonly consider

Whether a physical division would substantially reduce the land’s value or make remaining parcels unusable.
The size, shape, and improvements (roads, irrigation, buildings) and whether they can be divided equitably.
Existing encumbrances, easements, conservation restrictions, and mortgages that affect partition or sale.
Practical considerations like access, water rights, and compliance with zoning or agricultural regulations.

Typical timeline and costs

Timelines vary. A straightforward agreed partition can take a few months. A contested action that requires appraisal, commissioners, and sale commonly takes six months to over a year. Costs include attorney fees, court filing fees, appraisals, survey and partitioning expenses, commissioners’ fees, and sale commissions. Expect out-of-pocket and attorney costs to vary widely based on complexity.

Hypothetical example

Two siblings own 120 acres as tenants in common. One wants to farm full-time; the other wants cash to retire. They try negotiation but fail. One sibling files a partition action in the local circuit court. The court orders an appraisal and finds that dividing the land into two workable 60-acre parcels would leave one parcel without road access and would lower market value materially. The court therefore orders a sale, appoints a commissioner to sell the property at public auction, directs payment of mortgages and sale expenses, and distributes the net proceeds to each sibling according to their ownership percentage.

Statute reference

Missouri codifies partition procedures in RSMo Chapter 528. For the statutory language and detailed procedural rules, see: RSMo Chapter 528 — Partition.

Important: Local circuit court rules and procedures also apply. Consult the local court clerk or an attorney about filing practices, forms, and timelines in your circuit.

Disclaimer: This article explains general Missouri legal concepts and is not legal advice. For advice tailored to your situation, contact a licensed Missouri attorney.

Helpful Hints — Practical guidance for co-owners of farmland in Missouri

Gather deeds, mortgage documents, leases, easements, tax records, and receipts for improvements before meeting an attorney.
Request a current title report or chain of title to identify liens and encumbrances.
Get at least one independent agricultural appraisal early to understand market value and feasibility of division.
Consider mediation or a facilitated buyout to avoid court expense and delay.
If you plan to seek a buyout, document how you calculated a fair buyout price (appraisal, comparable sales, value of improvements).
Check for conservation easements or government program restrictions; they can limit subdivision or sale options.
Ask whether a private sale (subject to court approval) could yield a better price than a public auction.
Remember that mortgages and liens are paid before distribution; clearing liens can increase the net proceeds for owners.
Consult a Missouri real property attorney early — they can identify procedural deadlines, required parties, and likely outcomes for your county and circuit.